In Florida, we have seen many cases where the police will look into a person’s cell phone before or after an arrest without a search warrant or even without probable cause to believe that there is incriminating evidence in the cell phone. Cell phone evidence has been used in court…
Jacksonville Criminal Lawyer Blog
Florida Defendant in Drug Case May Not Be Able to Discover Identity of Confidential Informant
A fair number of drug cases in Florida initiate after someone gives the police information about someone selling or possessing drugs. These informants are often people who were arrested themselves and provide this incriminating information to the police to help them in their own case. The police may take this…
In Florida, There is a Key Difference Between Being Present for a Crime and Helping The Criminal Activity
In Florida, a person does not commit a crime by being present when someone else commits the crime and knowing the crime was committed. However, a person can be guilty of a crime if he/she did not actually commit the crime but assisted the perpetrator during or after the crime.…
Subsequent Miranda Warnings May Not Cure Prior Police Failure to Mirandize Suspect in Florida
From TV shows, the news and other sources, most people have heard the term Miranda warnings. Unlike just about every legal issue seen on TV, the Miranda warnings that are read on TV are usually somewhat similar to what is read to suspects in real life. Miranda warnings are something…
Abandoning Stolen Property Can Be a Defense in a Robbery Case in Florida
In Florida, a person can be convicted of theft, which can be a felony or misdemeanor charge, depending on the value of the item stolen, if he/she takes the property of another with the intent to deprive that person of the property. The intent can be to permanently take the…
Florida Felony Hit and Run Case Reversed Where State Could Not Prove Defendant Knew He Hit Victim
In Florida, it is a very serious felony crime to get into a motor vehicle crash that results in a serious injury or death and leave the scene of the crash without stopping to provide insurance and other information to the police. The idea is that a person who causes…
DNA on Gun Was Not Sufficient for Possession of a Firearm By a Convicted Felon Conviction in Florida
In criminal cases, DNA evidence is often seen as a strong indicator of the defendant’s guilt. Not many cases have DNA evidence presented by the state, but when the state does present DNA evidence, juries usually take note. DNA evidence is certainly well established evidence at this point that can…
Florida Court Finds Police Stop is Valid When Driver Stops Just Past Stop Bar
In Florida, many criminal arrests start out with a much less serious traffic stop. When a person commits a traffic violation like speeding or running a red light, he/she is normally just looking at a fine and possibly some points on his/her driving record. However, when the police stop a…
Driving With a Suspended or Revoked License Can Be a Felony in Florida if There is a Serious Crash
In Florida, driving with a suspended or revoked driver’s license is normally a misdemeanor crime. That crime usually comes with a fine and court costs, although it can result in a prolonged driver’s license suspension. If the defendant is in a position to get a valid license while his/her criminal…
When Can Police in Florida Search a Person’s Hotel Room for Drugs?
The Constitution protects a person’s home, vehicle and other property from unreasonable searches. This normally means that the police must either have consent to search or a search warrant before they search something that belongs to another person. However, some items or locations are not as clearly protected from police…